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Home My WebLink AboutT-4201 - Agreement/Covenant - 7/6/2006 RECORDLD AT REQUEST OF IMWART TITLE CM AT.....,...... PAST.. .:M 90059539 M AY 2 21990 FRESNO COUNI 1.�ALIFORNIA GALEN LARSON,County Recorder FEE PLEASE CONFORM -------------------SPACE A900 U MCMUOR ------------------- P.W. File No. 9030 Development Department UGM No. 284 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK, FIRE STATION AND TRUNK SEWER FEES AND CREATION OF LIEN Tract No. 4201 Phase VII of Tentative Tract No. 3876 Hampton Court No. 5 RECITALS WHEREAS, ROBERT and KAREN McCAFFREY, husband and wife, as community property, as to an undivided two-thirds (2/3) interest, and JOHN A. BONADELLE, a married man, as his sole and separate property, as to an undivided one-third (1/3) interest, hereinafter referred to as "the Covenantor, " is the owner of that certain real property in the City of Fresno, County of Fresno, State of California, hereinafter referred to as "the Subject Property" and more particularly described in attached Exhibit "A" , said property being further subdivided by the final map of Tract No . 4201, consisting of Fifty Two (52) lots; and WHEREAS, the Covenantor hereby warrants that any and all parties having record title interest in the Subject Property which may ripen into a fee have subordinated to this instrument; and WHEREAS, all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and Statement of Covenants Tract No. 4201 Page 2 WHEREAS, the Subject Property is subject to UGM Park and Fire Station and Trunk Sewer fees pursuant to Sections 12-4 . 508 and, 12-4 . 509 of the Fresno Municipal Code and Resolution No . 83-40 in the estimated amount of Thirty One Thousand One Hundred Twenty and 08/100 Dollars ($31, 120 . 08) for the following : UGM Fire Station Fee Service Area No. 14 Zone District : R-1/UGM 11 . 59 Gross Ac @ $282 . 00/Ac = $3, 268 .38 UGM Neighborhood Park Fee Service Area No. 5 Zone District: R-1/UGM 11 . 59 Gross Ac @ $1, 695. 00/Ac $19 , 645 . 05 UGM Trunk Sewer Fee Service Area : Cornelia 11 . 54 Gross Ac @ $445 .00/Ac = $5, 135 .30 Total Estimated Amount $28, 048 . 48; and WHEREAS, Covenantor desires to have a Final Tract Map subdividing the Subject Property approved by the City of Fresno; and WHEREAS, Covenantor desires to defer payment of the UGM Park, Fire Station and Trunk Sewer fees until such time that the issuance of building permits is requested by the Covenantor or his successors and assigns for such construction. COVENANTS. CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of, the Covenantor' s Final Tract Map upon the Subject Property, as referred to hereinabove, Covenantor hereby covenants as follows : Statement of Covenants Tract No. 4201 Page 3 1. All UGM Park, Fire Station and Trunk Sewer fees attributable to development of Subject Property shall be paid prior to the issuance by the City of Building Permits for structures to be built upon the Subject Property. Such fees may be paid for individual parcels, if applicable. 2 . The UGM fees due shall be calculated by the City at the time of their payment, and shall be those amounts most recently established by the Council . 3 . Covenantor hereby waives any and all rights he may have pursuant to Government Code Section 65961. Each of the covenants, conditions, and restrictions contained in this Statement shall run with the Subject Property and shall be binding upon each successive owner of the Subject Property, his heirs, representatives, successors and assignees . The Covenantor hereby creates a lien upon the Subject Property to guarantee the performance of the obligations of the Covenantor contained in this Statement. The conditions of this Statement are intended to benefit the public and public properties . Accordingly, the City of Fresno shall have the right to enforce this Statement by any legal or equitable means . All obligations of the Covenantor in this Statement shall inure solely to the benefit of the City of Fresno. There are no third party beneficiaries of said obligations nor shall the right of the City of Fresno be transferrable in any manner to any person other than to a successor municipal corporation whose geographic boundaries include the Subject Property. Statement of Covenants Tract No. 4201 Page 4 The conditions and obligations of this Statement shall remain in full force and effect until such time as the Director of the Development Department of the City of Fresno issues a written release of such conditions and obligations . The provisions of this Statement shall be deemed independent and severable and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any one provisions hereof. Whenever the contest of the Statement so requires, in interpreting this Statement, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. (individual) STATE OF.CALIFORNIA A COUNTY OF FRESNO SS. On—APRIL 6, 1990 before me.the under- signed. a Notary Public in and for said State, personally appeared W ROBERT A. McCAFFREY, KAREN McCAFFREY AND JOHN A. BONADELLE Y J L Npersonally known to me(or proved to me on the basis of satisfactory evidence) to be the Person(s)__ whose names MPEubscribed to ' the within instrument and acknowledged that they executed the same. OFFICIAL SEAL WITNESS my hand an fficial I. ►�. LANfER a '. ti IN OTARY PUnLIGCALIFORNIA FRESNO MINTY Signature My COMM. EXP. A1,1r. e - �.r�'a� s ire:....:•.. R. LANIER ' f STC ST Name(Typed or Printed) (This area(or official notarial Beall f Statement of Covenants Tract No. 4201 Page 5 DATED: t Accepted by: COVENANTOR CITY OF FRESNO ROBERT AND KAREN MCCAFFREY. a Municipal- Corporation husband and wife as community property, as to an undivided two-thirds 2/3) interest By By Alvin P. Solis, AGtiaq Director Robert McCaffrey Development Department Y By � ' C a K ren McCaf rey APPROVED AS TO FORM: JOHN A. BONADELLE, a married man, HARVEY WALLACE as his sole and separate property, City Attorney as to an u ivided one-third (1/3) • interest By Deputy Tah A. Bonadelle (ANotary Acknowledgement) STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) l On gay of in the year before me r4.11 � " personall ppeared M , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as Director of the Development Department and acknowledged to me that the City of Fresno executed it. JACQUELINE L. KYLE, CMC CiW Clerk a a By Diaputy MIW:jjw 6409D/638 c G s THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF FRESNO, AND IS DESCRIBED AS FOLLOWS: THOSE PORTIONS OF LOTS 310, 311 AND 312 OF J.C. FORKNER FIG GARDENS SUBDIVISION NO. 3, ACCORDING TO THE MAP THEREOF RECORDED IN VOLUME 8, PAGE 79 OF PLATS, FRESNO COUNTY RECORDS, LYING WITHIN THE PARCEL DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 312 , A DISTANCE OF 4 .82 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 312; THENCE NORTH 89 DEG. 41 ' 00" EAST, A DISTANCE OF 540. 04 FEET; THENCE NORTH 0 DEG. 49' 32" EAST, A DISTANCE OF 305. 05 FEET; THENCE NORTH 6 DEG. 15' 00" EAST, A DISTANCE OF 48 .00 FEET; THENCE NORTH 12 DEG. 45' 49" EAST, A DISTANCE OF 58 . 00 FEET; THENCE NORTH 15 DEG. 41 ' 13" EAST, A DISTANCE OF 133 . 51 FEET; THENCE NORTH 22 DEG. 11 ' 09" EAST, A DISTANCE OF 47 .00 FEET TO THE INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHWEST, WHOSE RADIUS POINT BEARS SOUTH 22 DEG. 11 ' 09" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 1 , 200 . 00 FEET ; THROUGH A CENTRAL ANGLE OF 3 DEG. 24' 17" , AN ARC DISTANCE OF 71 . 31 FEET TO THE CENTERLINE OF CORNELIA AVENUE AS SHOWN ON SAID MAP OF J .C . FORKNER FIG GARDENS SUBDIVISION NO. 3 , SAID CENTERLINE ALSO BEING THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 3 , TOWNSHIP 13 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN; THENCE SOUTH 0 DEG. 49' 32" WEST, ALONG SAID EAST LINE, A DISTANCE OF 1 , 199.43 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 3; THENCE SOUTH 89 DEG. 41' 00" WEST, ALONG THIS SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3 , SAID SOUTH LINE ALSO BEING THE CENTERLINE OF SIERRA AVENUE AS SHOWN ON SAID MAP OF J.C. FORKNER FIG GARDENS SUBDIVISION NO. 3 , A DISTANCE OF 673.09 FEET TO THE SOUTHERLY PRODUCTION OF THE WEST LINE OF SAID LOT 112; THENCE NORTH 0 DEG. 47' 00" EAST, ALONG THE WEST LINE OF SAID LOT 112 AND IT'S SOUTHERLY PRODUCTION, A DISTANCE OF 647 .62 FEET TO THE POINT OF BEGINNING. EXHIBIT A Tract No . 4201 L P.W. File No. 9030 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on .r„I�z 9R, 19-sq-, in the office of the Fresno County Recorder in Book Page - - Document No. 89079469 of which the Deed of Trust in by and between TREND HOMES, INC., a California Corporation as Trustor, UNION BANK, a Calfiornia Corporation , as Trustee, and UNION BANK, a California Corporation , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for UGM Park, Fire Station and Trunk Sewer Fees and Creation of Lien. DATED: April 10, 19_90 UMON BANK. A CAVFORNIA CORPaAAf10K R. Gary Renner, Regional Vice President -- - ------- ---- -- -- �lf.��r.l•.---17at_�,... 7\i.l.w,.._,t oA..e �•1_._------- - STATE OF CALIFORNIAl COUNTY OF Fresno J ss. '1 On this 10th day of Anril , in the year g 199() , before me, the undersigned, a Notary Public in a and for said County and State,personally appeared G_ Rnnnpr personally known = to me (or proved to me on the basis of satisfactory evidence)to be the d Regional Vice President,and C O 11..$. Roi n1,arAt- personally known to me (or proved to me on the basis of satisfactory o evidence) to be Mice President i000taKX of the corporation that execute he within Inst ent,and v acknowledged to me that suc ton executed the it n instru- meet pursuant to its by or a resolution of its boar of irectors. oslcLU t EAL DOROTHY L MURPHY NOTARY PUBLIC-CALIFORNIA n Signature NOTARY BOND FILED IN = Doroth . . Mur h - a FRESNO COUNTY ae W Commhabw E+t»Iwa t�taroA t4 ttltl! Name (Typed or Printed) Notary Public in and for said County a State F.2467 R. 11 i82 (Thu area for ofllciai notarial seal)